Panchavarnam. S v. Aptus Value Housing Finance India Ltd.,
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Civil Appellate Jurisdiction Thursday, the Twenty Ninth day of April Two Thousand Twenty One PRESENT The Hon`ble Mr.Justice T.S.SIVAGNANAM AND The Hon`ble Mrs.Justice S.ANANTHI in WP(MD)260 of 2021 Panchavarnam. S ... Petitioner Vs 1 Aptus Value Housing Finance India Ltd. Rep by its Auhorized Signatory No.8b Doshi Towers 205 Ponnamallee High Court Kilpauk Chennai - 600 010.
2 The District Collector Madurai District Madurai.
3 The Tahsildar Madurai North Taluk Madurai.
... Respondent/Respondent/Complainant Prayer :- WMP(MD)6619/2021 in WP(MD)260/2021 Writ Miscellaneous Petition is filed under Article 226 of the Constitution of India, praying this Court to grant an order of Extension of time to comply with the direction issued by this Hon'ble Court in W.P(MD) No.260 of 2021 dated 07.01.2021 as this Hon'ble Court may deem it fit, proper and appropriate and thus render justice.
Prayer in WP(MD). 260/ 2021 :
Writ Petition is filed under Article 226 of the Constitution of India, praying this Court to issue Writ of certiorarified Mandamus, calling for the notice issued by the Tahsildar, Madurai North in Roc.No.6612/2020/B6 dated 22.12.2020 served on the petitioner on 5.01.2021 quash the same as illegal and consequently direct the 1st respondent to forebear from evicting me from my only source of residence and livelihood without due process of law and further grant me time to pay back entire amount due to the 1st respondent within such period as this Hon'ble court may deem it fit ORDER:- This Petition coming on for orders on this day and upon perusing the petition and the affidavit filed in support thereof and upon hearing the arguments of Mr.W.Pamelin, Advocate for the 1/3
Petitioner, M/s Mahalakshmi, Advocate for 1st Respondent, and of Mr.K.Mu.Muthu, Additional Government Pleader for the 2nd and 3rd respondents, this Court made the following order: (Order of the Court was made by T.S.SIVAGNANAM, J.) Heard the learned counsel for the petitioner, the learned counsel for the respondent Finance Company and the learned Additional Government Pleader for the respondents 2 and 3. 2.This petition has been filed for extension of time to comply with the directions issued in W.P.(MD) No.260/2021 dated 07.01.2021. In pursuant to the directions issued, the petitioner had paid a sum of Rs.2 lakhs within the time permitted, ie., on 04.02.2021. The second installment of Rs.2,75,000/- falls due on 07.05.2021.
3. It is submitted by the learned counsel for the petitioner that her client is unable to eke her livelihood and she will not be in a position to comply with the directions on account of the Pandemic situation and prays for time to settle the entire second installment within two months.
4.Under normal circumstances, this Court would not have entertained such a request. But on account of the peculiar circumstances, which are prevailing now and taking into consideration the fact that the property is a dwelling unit, we grant time till 15.07.2021 to pay the remaining amount of Rs.2,75,000/-. It is made clear that no further extension will be granted and if the petitioner does not comply with the conditions within the extended time, the respondent finance company shall take action in terms of the orders obtained by them. Sd/- Assistant Registrar(P & A) // True Copy // / /2021 Sub Assistant Registrar(CS) Note: In view of the present lock down owing to COVID-19 pandemic, a web copy of the order may be utilized for official purposes, but, ensuring that the copy of the order that is presented is the correct copy, shall be the responsibility of the advocate/litigant concerned. 2/3
TO
1. The District Collector, Madurai District Madurai.
2. The Tahsildar Madurai North Taluk, Madurai.
ORDER DATED : 29/04/2021 ==========================
ORDER
========================== in WP(MD) No.260 of 2021 Giving direction and etc.
as stated within.
SR(CO) TR(21.05.2021) 3P 3C 3/3